Introduction MELISSA E. HATHAWAY In this issue of International Engagement on Cyber, authors discuss developments, challenges, and improvements to critical infrastructure cybersecurity from legal, policy, and technical perspectives. Cyber V also evaluates cybersecurity in Brazil, suggests improved government and private sector cybersecurity practices, and theorizes military actions in the information age.
￼Whither the Web? International Law, Cybersecurity, and Critical Infrastructure Protection DAVID P. FIDLER
A Tale of Two Cities Or How the Wrong Metaphors Lead to Less Security ￼MYRIAM DUNN CAVELTY AND REIMER A. VAN DER VLUGT
Trusted Information Brokerage in the Times of the Snowden-Effect Dilemma Private-Public Data Sharing in Cyber Security in Austria, Germany, and Switzerland GERD GENSBICHLER
Securing Telecommunications Infrastructure against Cyber Attacks TAREK SAADAWI AND HAIDAR CHAMAS
Power and Energy Infrastructure Cyber Security, Defense, and Resilience MASSOUD AMIN
Back to the Future of Internet Governance? SCOTT J. SHACKELFORD, ENRIQUE OTI, JACLYN A. KERR, ELAINE KORZAK, ANDREAS KUEHN Will the future of Internet governance be driven by national governments or the multi-stakeholder status quo? The answer to this question in the aftermath of the 2014 ITU Plenipotentiary Conference may impact global cybersecurity policymaking and the new digital divide.
The Price of Paid Prioritization The International and Domestic Consequences of the Failure 98 to Protect Net Neutrality in the United States DAWN C. NUNZIATO AND ARTURO J. CARRILLO Examining the history of U.S. regulation of broadband providers as well as U.S. trade and human rights obligations can inform the debate on net neutrality and the FCC’s 2015 Open Internet Order.
Data Sovereignty, Cybersecurity, and Challenges for Globalization JING DE JONG-CHEN Attempts to restrict data flow and information exchange in the name of cybersecurity and data sovereignty may have unintended consequences that may prevent productive use of the Internet, erode security, and endanger global trade.
The Sword and the Shield Hacking Tools as Offensive Weapons and Defensive Tools TIFFANY S. RAD Momentum is growing in the United States and the EU to regulate the creation and sale of cyber exploits. These regulative attempts may pose problems for international civil and criminal law as well as undermine vital penetration-testing innovation and cybersecurity research.
Responding to Cyberterrorism Options and Avenues LEE JARVIS AND STUART MACDONALD How can cyberterrorism be confronted? Reviewing the variety of responses available might inform policy, law, and practice in countering the new addition to the terrorism ‘family’.
Safety & Security
Those Things You Have Heard about Bitcoin Distinguishing Signal from Noise MATTHEW SWINEHART AND MERRITT BAER Bitcoin is neither a revolution nor a scam. Stripping away the dominant narratives that have so far defined this technology enables us to chase the real story of Bitcoin and its possible relevance in the global payments market for today and tomorrow.
Chinese Economic Cyber Espionage U.S. Litigation in the WTO and Other Diplomatic Remedies STUART S. MALAWER Chinese economic cyber espionage compromises the competitiveness of U.S. firms in China and worldwide. The most promising and immediate remedy is for the United States to launch litigation against China in the World Trade Organization dispute resolution system by relying on the TRIPS Agreement.
Dynamic and Effective Security in the Rapidly Evolving Global Cloud Computing Cyberspace JERRY L. ARCHER Cloud computing is a revolutionary evolution– it is continuous, rapid, radical, and pervasive. With the onset of Massively Integrated Systems of Smart Transducers, shifts in governance models are necessary to foster greater cybersecurity in the cloud computing age.
Country in Focus
Cyber Security in Brazil Can a Grassroots Campaign Help Protect a Country? WILLIAM BEER Complex cyber attacks continue to plague both the Brazilian government and private sector and have the potential to damage Brazil’s international reputation and even impact foreign investment. This article will examine how a grassroots campaign is helping to raise awareness among leaders and how it has the capacity to shape the government’s cyber security strategy and regulations.
Military Matters Cybered Conflict and the Third Offset Strategy The Sino-American Rivalry and 186 Peacetime Competition PETER DOMBROWSKI A self-conscious focus on technological innovation is how the United States has pursued military security since World War II. In an era where military rivals meet or exceed America’s own technological prowess, integrating information technologies into warfighting systems to solve national security challenges is outdated and dangerous. Russia’s Hybrid Warfare in the East The Integral Nature of the Information Sphere SASCHA DOV BACHMANN AND HÅKAN GUNNERIUSSON Russia has effectively used the information sphere as an integral tool in its Hybrid War against the people of Ukraine. NATO leaders must increasingly understand Russia’s use of cyber if they wish to more fully control the situation in Ukraine and Eastern Europe.
Bringing “Cyber” Back Into U.S. Cyberwar Discourse
SEAN LAWSON Current public policy discourse about cyberwar is insufficiently informed by the most pertinent theories of cyber conflict. Analyzing John Boyd’s cybernetic theory of warfare can highlight a number of potentially dangerous features of U.S. cyberspace strategy and operations.